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Leave of Absence Without Salary - Professional Librarians
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- 19.9 Paid Jury or Court Leave
- 19.11 Leave of Absence in Recognition of Administrative Service
- ARTICLE 20.0 DISCIPLINE AND DISMISSAL
- ARTICLE 21.0 ENTRY OR RE-ENTRY TO THE BARGAINING UNIT OF ACADEMIC ADMINISTRATORS AND RELATED PROVISIONS
- ARTICLE 22.0 GRIEVANCE AND ARBITRATION
- 22.2.2 Types of Grievance
19.8 Leave of Absence Without Salary - Professional Librarians19.8.10Leave of absence without salary may be granted by the University Librarian. The Professional Librarian shall make their request in writing, specifying reasons, to the University Librarian at least as far in advance as the period of leave requested, up to a maximum of six (6) months. This notification period may be varied by mutual agreement between the Employee and the University Librarian. The University Librarian shall reply in writing (stating the reason for the decision, if negative) as soon as possible but not later than thirty (30) days from the date they received the request. An employee on leave of absence without salary shall be entitled to continue their contributions to University benefit plans from time to time in force, provided the plans so permit. In all cases, Professional Librarians on leave without pay shall be required to indicate firmly to the University by a mutually agreed date, whether they intend to return to their positions at the University. Professional Librarians who fail to provide such an indication will be deemed to have repudiated their positions. 19.9 Paid Jury or Court Leave19.9.10The Employer shall grant leave of absence with pay to an Employee who serves as a juror or witness at any court. 19.10 General(a) When, at the request of the Employer, an Employee agrees to undertake retraining in a new field, the Employee shall be allowed leave for the required period of retraining during which time the Employee shall receive a salary and/or research grants, stipends, fellowships, etc. to the equivalent of no less than one hundred percent of the member's normal salary for the period of leave. An Employee who is granted leave under this article must undertake to return to the University for a period equivalent to the period of leave. (b) An Employee may request consideration by the Employer for retraining in a new field. The period of leave and conditions of leave shall be mutually agreed. (c) It is understood that when a Faculty Member is going on sabbatical or other long-term leave the Department Chairperson will explore the possibility of obtaining a qualified replacement through one of the existing exchange programs wherein a Visiting Professor's salary is paid, in part or in whole, by the sponsoring agencies. (d) Service credit with the Employer shall not be interrupted by the sick leave provided in 19.1, the compassionate and bereavement leave provided in 19.2, the paid leave of absence during election campaigns provided in 19.5.10 (a) and the parental leave provided in 19.6 hereof. (e) Employee working service credit shall be maintained during unpaid leave (19.7 or 19.8) provided that a written request is received in advance of the leave by the Vice-President Academic and Research justifying the reasons to continue service credits while on unpaid leave.
(a) In cases where a Faculty Member has accumulated credit toward sabbatical leave (per Article 19.3) prior to beginning five (5) years of uninterrupted service as Department Chairperson, Director of a Division, Assistant Dean or Associate Dean, such accumulated credit shall be carried forward and applied to eligibility toward their next sabbatical leave. (b) Years of service applied toward leave of absence in recognition of administrative service shall not be applied toward the Faculty Member’s eligibility for sabbatical leave. (c) Years of uninterrupted service as a Department Chairperson, Director of a Division, Assistant Dean or Associate Dean in excess of five (5) years shall be applied towards the Faculty Member’s eligibility for their next sabbatical leave. (d) A Faculty Member who qualifies for a leave of absence in recognition of administrative service shall notify the Dean of their intention to take such a leave no later than twelve (12) months prior to the date of the commencement of the leave of absence. The Faculty Member shall include with such notice a statement of their proposed study, research or other planned activity during the period of the leave of absence. (e) A Faculty Member who has taken a leave of absence in recognition of administrative service shall be expected to return to the University for a period of twelve (12) months, except in the case of a Faculty Member who is granted the leave of absence in the year at the end of which the Faculty Member is due to retire. A Faculty Member who fails to return to the University for a period of time equal to their leave of absence shall be required to reimburse the university for the cost of salary and benefits paid by the University. (f) A Faculty Member returning from a leave of absence in recognition of administrative service shall submit to their Dean, and Academic Vice-President, no later than one month after completion of their leave, a detailed written report of activities during the leave of absence. The Employer may request more information regarding the nature and scope of activities undertaken during the leave of absence. (g) Leave of absence in recognition of administrative service shall normally be taken immediately upon completion of five (5) years of uninterrupted service as a Department Chairperson, Director of a Division, Assistant Dean or Associate Dean. At the request of the Faculty Member and with permission of the Dean and the Academic Vice-President such leave may be deferred for no more than twelve (12) months. (h) The provisions of Article 19.11 shall be effective from the date of signing of this agreement and shall also apply to Faculty Members who are currently serving as Department Chairperson, Director of a Division, Assistant Dean or Associate Dean at the time that this agreement is signed.
20.1.10For the purposes of this Article, discipline shall include a formal letter of reprimand to an employee, suspension with or without pay, or dismissal. In the case of suspension without pay, an Employee shall not incur any loss of salary or benefits until the Arbitration Board renders its decision in the event that the disciplinary action is grieved. 20.1.20For the purposes of this Article, dismissal means the termination of an appointment by the Employer, without the consent of the Employee, before the end of the appointment period. Non‑renewal of a probationary or limited appointment or denial of tenure does not constitute dismissal. Subject to Article 23, termination of a nontenured appointment during the course of its term and termination of a tenured appointment at any time other than retirement constitutes dismissal. If disciplinary procedures are in progress at the same time as the Employee is being considered for tenure or renewal, the Employer or the Employee may request that the tenure or renewal process be deferred until the disciplinary process has been concluded. 20.1.30Any discipline, up to and including dismissal, imposed upon an Employee will be for just and proper cause. The Employer agrees that it bears the onus of proving that any disciplinary action taken was for just and proper cause should the discipline give rise to a grievance which is then processed to arbitration. Disciplinary action shall be commensurate with the seriousness of the events giving rise to the discipline. 20.1.40In the event that the Employer disciplines an Employee, the Employee shall be notified in writing of the disciplinary decision and the specific reasons therefore. Any action which is not confirmed in writing shall not form part of an Employee's disciplinary record. 20.2.10The President shall initiate discipline procedures by notifying the Employee to meet with the President in the presence of the Vice-President, Academic and Research, the Employee's Dean/University Librarian, the Department Chairperson, and a Union Representative. A copy of the notice shall be sent to the Union President. Also, the President and the Employee may each have a representative present at this meeting. This meeting shall take place within twenty (20) days of the mailing to the Employee of the President's notification. The Employee shall be given at least seven (7) working days notice of the time and place of this meeting. The notification shall be by registered mail addressed to the Employee at the Employee's last known address. The notification shall state the specifics of the Employee's alleged infraction or the Employer's alleged source of dissatisfaction with the Employee. An attempt shall be made at the meeting to resolve the matter in a manner satisfactory to all concerned. 20.2.20If no satisfactory solution is reached at the meeting provided for in 20.2.10 above, the President shall advise the Employee in writing of the disciplinary decision and the specific reasons therefore. This notice shall be sent within twenty (20) days of the final meeting provided for in 20.2.10 above by registered mail addressed to the Employee at the Employee's last known address. 20.2.30If the Employee's whereabouts are unknown to the Employer and the Union, the meeting contemplated in 20.2.10 above shall be dispensed with and the President may immediately give notice of discipline by registered mail addressed to the Employee at the Employee's last known address. 20.2.40In cases where there is an immediate threat by the Employee to an individual(s) at the University or to University property, or an immediate or serious threat to the functioning of the University, the Employer retains the right to immediately suspend an employee until the matter can be dealt with under Article 20.2.10. Any such suspension shall be with pay and benefits. 20.3.10If the Employee wishes to contest the discipline, the Employee may, within seven (7) calendar days of receiving written notice of discipline (or, in the case of the Employee being notified by registered mail as provided for in 20.2.30 above, within fourteen (14) calendar days of the mailing of the discipline notice), give the Employer notice that the discipline is being grieved and referred to arbitration as set out in Article 22.6. 20.3.20It is agreed that the Employer will not introduce into evidence at arbitration any notices of discipline of which the Employee was not aware at the time of the disciplinary action. 20.3.30Until the Arbitration Board renders its decision, the Employee shall continue to receive their salary and other benefits but, at the Employer's discretion, may be suspended from the performance of some or all of their duties. ARTICLE 21.0 ENTRY OR RE-ENTRY TO THE BARGAINING UNIT OF ACADEMIC ADMINISTRATORS AND RELATED PROVISIONS21.1(a) All Academic Administrators may automatically enter or re‑enter the bargaining unit upon completion of their terms of office as Academic Administrators. Time spent as an Academic Administrator shall be deemed equivalent service for all appropriate purposes of this Agreement except service required for sabbatical leaves under Article 19.3.20(c)v) hereof, (provided that Academic Administrators whose terms of office are three (3) years or less shall receive recognition of this service for sabbatical leave entitlement), provided that an Academic Administrator may be granted leave of absence on such terms as may be determined by the Employer at the completion of their term of office prior to actively taking up position in the bargaining unit. Service credits to which an Academic Administrator may be entitled prior to their being appointed an Academic Administrator shall not be interrupted or abrogated as a result of such appointment. If at the time of the appointment the Academic Administrator is assigned to a Department, the Chairperson of that Department will be notified of the Employer's decisions regarding rank and tenure. (b) If an Academic Administrator should be granted leave of absence or a sabbatical leave for a one-year period following their term of office, entry or re-entry to the bargaining unit shall automatically take place at the conclusion of the leave. If the Administrator should request an extension of this leave, with or without pay, the application for this extension shall be made as a member of the bargaining unit and the leave will be governed by the terms and procedures of Articles 19.7 and 19.10(b). (c) When an Academic Administrator enters or re-enters the bargaining unit, if there is not a vacancy in the area or areas within the Department for which they are qualified, their entry or re‑entry shall be considered to be a supernumerary position, i.e., an additional allocation for that Department until such time as a vacancy occurs in that Department in an area or areas for which they are qualified, at which time they shall fill such vacancy. During the time when there is no such vacancy aforesaid, the additional allocation shall not be at the expense of any other Department's allocation and shall not be considered a position for the purpose of establishing allotments under Article 10.1.20(a) hereof. No Faculty Member holding an appointment under Article 10.1.10(a) or (b) hereof shall be displaced from the bargaining unit by the entry or re‑entry of an Academic Administrator into the bargaining unit. (d) The granting of tenure and/or academic rank by the University to any Faculty Member or Academic Administrator which prior to the signing of the 1976‑77 Collective Agreement between the parties was determined by rules and/or procedures in effect at the time such tenure and/or academic rank was granted shall be deemed to have been granted in accordance with and to have the same effect as tenure and/or academic rank granted pursuant to the provisions of this Collective Agreement. (e) Where provisions of this Agreement apply to full‑time Faculty Members this shall include application to full‑time Faculty Members excluded from the bargaining unit by LRB 2056 (Schedule "A"). (f) Any recommendations made to the Employer regarding appointment of Academic Administrators subsequent to the signing of this Agreement shall include the views and recommendations of the University Appointments Committee on the academic rank and/or tenure for each candidate submitted to the Employer. The Chairperson of the University Appointments Committee shall make these views and recommendations known to the Employer as soon as possible but in any event within fifteen (15) days of referral of the matter to the Committee. These views and recommendations shall be based solely on the academic merits of the candidates. The Academic Administrator shall be entitled to such academic rank and/or tenure as determined by the Employer at the time of their appointment as an Academic Administrator should they enter or re‑enter the bargaining unit pursuant to the provisions of Article 21.1(a) above. ARTICLE 22.0 GRIEVANCE AND ARBITRATION22.1 General22.1.1Union representatives acting for an aggrieved Employee or Employees shall not be hindered, coerced, restrained or interfered with in the performance of their duties as representatives. 22.1.2The parties agree to make every reasonable effort to settle all claims, disputes and grievances in a prompt manner. 22.1.3The Union shall have carriage of all grievances, except those initiated by the Employer. The employer shall deal only with the Union with respect to a grievance. 22.1.4Where a member of the bargaining unit acts as a representative of a grievor, it is understood that their normal duties, including teaching and student advising, will continue. 22.2 Definitions22.2.1(a) Grievance: A grievance is a claim, dispute or complaint involving the interpretation, application, non-application, alleged violation of this collective agreement. (b) Grievor: The grievor is the Union or the Employer whoever initiates a grievance on behalf of an individual or group of individuals or itself. 22.2.2 Types of Grievance(a) An individual grievance is a grievance initiated by the Union on behalf of an individual Employee; (b) A group grievance is a grievance initiated by the Union on behalf of a group of Employees similarly affected by the Employer’s action; (c) A policy grievance is a grievance by the Union which may involve a matter of general policy or of general application of the Collective Agreement; (d) A Union grievance is a grievance which directly affects the Union. (e) An Employer grievance is a grievance initiated by the Employer.
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